ASEAN Further Enhances the EDSM

Hi folks!

I am back temporarily to let you know that my new article, "ASEAN Further Enhances Its Dispute Settlement Mechanism" has just been published by the Indonesian Journal of International and Comparative Law.  You can find it at https://www.ijil.org/

Here's the abstract for the article:

In 2019, ASEAN completed a further “enhancement” of the Enhance Dispute Settlement Mechanism (EDSM). On their face, the 2019 revisions do indeed “enhance” the EDSM by eliminating structural problems such as impractical timelines and by bolstering previously underdeveloped systems such as appellate procedures, creation of arbitration panels and rules of conduct for panelists. This will help give the revised EDSM more credibility. 

Ultimately, however, whether the updated EDSM will be viewed as more credible, thereby strengthening the AEC, will depend on factors beyond its remit. Cultural and political factors in ASEAN will determine to what extent the updated EDSM is used by the ASEAN Member States. Moreover, the relative decline of alternative dispute forums, in particular the WTO, may make the updated EDSM more attractive to ASEAN Member States. Either way, the 2019 revisions in the EDSM are both welcome and timely reinforcements to the legal and policy foundations of the AEC.

Please keep safe and healthy during this difficult time!

Best Regards,

Ed